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Ontario divorce law division of assets


When you separate or divorce from your spouse, you may have a right to economic support or property.

Rights to the home where...

Your rights depend on different things, such as whether you were legally Ontario divorce law division of assets or in a common-law relationship, and if you have children. In some cases, the law requires a person to pay spousal support to their former spouse.

This can apply if you were legally married, in a common-law relationship with children, or in a common-law relationship for at least 3 years without children.

You are entitled to child support if your children live with you. The person who pays is called the "payor.

If the person who has to pay lives in a country that has not signed an agreement with the government of Ontario, the FRO may not be able to help you.

If you think you are entitled to spousal or child support, seek legal help from a lawyer or a community legal clinic. If you were marriedyou or your spouse may have to make an equalization payment to the other.

How will property and assets...

This calculation can be difficult to do on your own and there are different rules and exceptions. If you were common-law marriedyou do not automatically have this right.

What about our property?

Generally, each spouse gets to keep whatever assets are in their own name but there are exceptions. Talk to a lawyer or a community legal clinic for more information about your situation. For married and common-law couples any written separation agreement that you and your spouse signed in front of a witness may affect your support and property rights.

It is important to get legal advice and properly understand any agreement before signing. CPP credits that you and your spouse earned while together can be added up and split between you.

This is called credit splitting. This applies to married and common-law couples.

Will I get economic support?

For more information, read Separation and Divorce or Death of a Spouse: Will I get economic support? What about our property?

Child Support - This booklet covers who must pay support, how to arrange for support to be paid, how support is enforced, income tax information and more. Divorce and Separation - This website has information about family law, the court system, children, and financial issues.

For more information about the...

From the Government of Ontario. Available in many languages. Family Law - Clear language publications on family law and related topics.

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